# C_2012387EN.01000501.xml

| 15.12.2012 | EN | Official Journal of the European Union | C 387/5 |
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15.12.2012

EN

Official Journal of the European Union

C 387/5

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Communication from the Commission amending the Communication from the Commission Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012

(Text with EEA relevance)

2012/C 387/06

In the definition of the ‘fall-back electricity consumption efficiency benchmark’ (Annex I of the Guidelines), 80 % will be added. It will read as follows:

| ‘— | “fall back electricity consumption efficiency benchmark”, 80 % of baseline electricity consumption. It corresponds to the average reduction effort imposed by the application of the electricity consumption efficiency benchmarks (benchmark electricity consumption/ex ante electricity consumption). It is applied for all products and processes which fall within eligible sectors or subsectors, but which are not covered by the electricity consumption efficiency benchmarks set in Annex III.’ |
| --- | --- |

‘—

“fall back electricity consumption efficiency benchmark”, 80 % of baseline electricity consumption. It corresponds to the average reduction effort imposed by the application of the electricity consumption efficiency benchmarks (benchmark electricity consumption/ex ante electricity consumption). It is applied for all products and processes which fall within eligible sectors or subsectors, but which are not covered by the electricity consumption efficiency benchmarks set in Annex III.’

ex ante

Annex III of the Communication ‘Electricity consumption efficiency benchmarks for products covered by the NACE codes in Annex II’ will be replaced by the following:

‘ANNEX III

Electricity consumption efficiency benchmarks for products covered by the NACE codes in Annex II

| NACE4 | Product benchmark (1) | Benchmark value | Benchmark unit | Unit of production (2) | Product definition (2) | Processes covered by product BM (2) | Relevant prodcom-code (Rev 1.1) | Description |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 2742 | Primary aluminium | 14,256 | MWh/t product (AC consumption) | Tonne of unwrought non-alloy liquid aluminium | Unwrought non-alloy liquid aluminium from electrolysis | Unwrought non-alloy liquid aluminium from electrolysis, including pollution control units, auxiliary processes and the cast house. In addition to the definitions of the product in Commission Decision 2011/278/EU the anode plant (pre-bake anodes) is included. In case anodes are provided from a stand-alone plant in Europe, this plant should not be compensated as already comprised in the BM. In case anodes are produced outside Europe, a correction may be applied. | 27421130 | Unwrought non-alloy aluminium (excluding powders and flakes) |
| | | | | | | | 27421153 | Unwrought aluminium alloys in primary form (excluding aluminium powders and flakes) |
| 2742 | Alumina (refining) | 0,225 | MWh/t product | Tonne of alumina | | All processes directly or indirectly linked to the production of alumina | 27421200 | Aluminium oxide (excluding artificial corundum) |
| 2710 | Basic oxygen steel | 0,036 | MWh/t product | Tonne of crude (cast) steel | | Secondary metallurgy, refractories preheating, auxiliaries (in particular dedusting) and casting installations up to cut-off of crude steel products | 2710T122 | Non-alloy steel produced by other processes than in electric furnaces |
| | | | | | | | 2710T132 | Alloy steel other than stainless steel produced by other processes than in electric furnaces |
| | | | | | | | 2710T142 | Stainless and heat resisting steel produced by other processes than in electric furnaces |
| 2710 | EAF carbon steel | 0,283 | tCO2/t product | Tonne of crude secondary steel ex-caster. | Steel containing less than 8 % metallic alloying elements and tramp elements to such levels limiting the use to those applications where no high surface quality and processability is required. | All processes directly or indirectly linked to the process units:






  — | electric arc furnace |

NACE4

Product benchmark (1)

Benchmark value

Benchmark unit

Unit of production (2)

Product definition (2)

Processes covered by product BM (2)

Relevant prodcom-code (Rev 1.1)

Description

2742

Primary aluminium

14,256

MWh/t product (AC consumption)

Tonne of unwrought non-alloy liquid aluminium

Unwrought non-alloy liquid aluminium from electrolysis

Unwrought non-alloy liquid aluminium from electrolysis, including pollution control units, auxiliary processes and the cast house. In addition to the definitions of the product in Commission Decision 2011/278/EU the anode plant (pre-bake anodes) is included. In case anodes are provided from a stand-alone plant in Europe, this plant should not be compensated as already comprised in the BM. In case anodes are produced outside Europe, a correction may be applied.

27421130

Unwrought non-alloy aluminium (excluding powders and flakes)

27421153

Unwrought aluminium alloys in primary form (excluding aluminium powders and flakes)

2742

Alumina (refining)

0,225

MWh/t product

Tonne of alumina

All processes directly or indirectly linked to the production of alumina

27421200

Aluminium oxide (excluding artificial corundum)

2710

Basic oxygen steel

0,036

MWh/t product

Tonne of crude (cast) steel

Secondary metallurgy, refractories preheating, auxiliaries (in particular dedusting) and casting installations up to cut-off of crude steel products

2710T122

Non-alloy steel produced by other processes than in electric furnaces

2710T132

Alloy steel other than stainless steel produced by other processes than in electric furnaces

2710T142

Stainless and heat resisting steel produced by other processes than in electric furnaces

2710

EAF carbon steel

0,283

tCO2/t product

Tonne of crude secondary steel ex-caster.

Steel containing less than 8 % metallic alloying elements and tramp elements to such levels limiting the use to those applications where no high surface quality and processability is required.

All processes directly or indirectly linked to the process units:

—

electric arc furnace

| — | secondary metallurgy |
| --- | --- |

—

secondary metallurgy

| — | casting and cutting |
| --- | --- |

—

casting and cutting

| — | post-combustion unit |
| --- | --- |

—

post-combustion unit

| — | dedusting unit |
| --- | --- |

—

dedusting unit

| — | vessels heating stands |
| --- | --- |

—

vessels heating stands

| — | casting ingots preheating stands |
| --- | --- |

—

casting ingots preheating stands

| — | scrap drying and |
| --- | --- |

—

scrap drying and

| — | scrap preheating are included. |
| --- | --- |

—

scrap preheating are included.

2710T121

Crude steel: non-alloy steel produced in electric furnaces

(Based on 10 % best average)

2710T131

Crude steel: alloy steel other than stainless steel produced in electric furnaces

2710T141

Crude steel: stainless and heat resisting steel produced in electric furnaces

2710

EAF high alloy steel

0,352

tCO2/t product

Tonne of high alloy crude steel

Steel containing 8 % or more metallic alloying elements or where high surface quality and processability is required

All processes directly or indirectly linked to the process units:

| — | electric arc furnace |
| --- | --- |

—

electric arc furnace

| — | secondary metallurgy |
| --- | --- |

—

secondary metallurgy

| — | casting and cutting |
| --- | --- |

—

casting and cutting

| — | post-combustion unit |
| --- | --- |

—

post-combustion unit

| — | dedusting unit |
| --- | --- |

—

dedusting unit

| — | vessels heating stands |
| --- | --- |

—

vessels heating stands

| — | casting ingots preheating stands |
| --- | --- |

—

casting ingots preheating stands

| — | slow cooling pit |
| --- | --- |

—

slow cooling pit

| — | scrap drying and |
| --- | --- |

—

scrap drying and

| — | scrap preheating are included. The process units FeCr converter and cryogenic storage of industrial gases are not included. |
| --- | --- |

—

scrap preheating are included. The process units FeCr converter and cryogenic storage of industrial gases are not included.

2710T121

Crude steel: non-alloy steel produced in electric furnaces

(Based on 10 % best average)

2710T131

Crude steel: alloy steel other than stainless steel produced in electric furnaces

2710T141

Crude steel: stainless and heat resisting steel produced in electric furnaces

2710

FeSi

8,540

MWh/t product

Tonne of final FeSi-75

FeSi-75

All processes directly linked to operation of the furnaces.

Auxiliaries are not included.

27102020/24101230

Ferro-silicon-75 % Si content

2710

FeMn HC

2,760

MWh/t product

Tonne of final High Carbon FeMn

High Carbon FeMn

All processes directly linked to the furnaces.

Auxiliary processes are not included.

27102010

Ferro-manganese (in accordance with BREF)

2710

SiMn

3,850

MWh/t product

Tonne of final SiMn

Silico-manganese of different carbon content, including SiMn, Low Carbon SiMn, Very Low Carbon SiMn

All processes directly linked to the operation of the furnaces.

Auxiliary processes are not included.

27102030

Silico-manganese excluding FeSiMn

2413

Cl2

2,461

MWh/t product

Tonne of chlorine

Chlorine

All processes directly or indirectly linked to the electrolysis unit, including auxiliaries like motors

24131111

Chlorine

2413

Si metal

11,870

MWh/t product

Tonne of Si metal

Silicon with a grade 90-99,99 %

All processes directly linked to the furnaces.

Auxiliary processes are not included.

24131155

Silicon containing by weight < 99,99 % of silicon

2413

Hyperpure polysilicon

60,000

MWh/t product

Tonne of hyperpure Si metal

Silicon with a grade > 99,99 %

All processes directly or indirectly linked to the furnace, including auxiliaries

24131153

Silicon containing by weight ≥ 99,99 % of silicon

2413

SiC

6,200

MWh/t product

Tonne of 100 % SiC

Silicon carbide with 100 % purity

All processes directly or indirectly linked to the furnace, including auxiliaries

24135450

Carbides whether or not chemically defined

2414

High value Chemicals

0,702

tCO2/t product

Tonne of high value chemical (HVC) (tonne of acetylene, ethylene, propylene, butadiene, benzene and hydrogen)

Mix of high value chemicals (HVC) expressed as total mass of acetylene, ethylene, propylene, butadiene, benzene and hydrogen excluding HVC from supplemental feed (hydrogen, ethylene, other HVC) with an ethylene content in the total product mix of at least 30 mass-percent and a content of HVC, fuel gas, butenes and liquid hydrocarbons of together at least 50 mass-percent of the total product mix.

All processes directly or indirectly linked to the production of high value chemicals as purified product or intermediate product with concentrated content of the respective HVC in the lowest tradable form (raw C4, unhydrogenated pygas) are included except C4 extraction (butadiene plant), C4-hydrogenation, hydrotreating of pyrolysis gasoline and aromatics extraction and logistics/storage for daily operation.

Several prodcom-codes under NACE 2414

24141120

Saturated acyclic hydrocarbons

24141130

Unsaturated acyclic hydrocarbons: ethylene

24141140

Unsaturated acyclic hydrocarbons; propene (propylene)

24141150

Unsaturated acyclic hydrocarbons; butene (butylene) and isomers thereof

24141160

Unsaturated acyclic hydrocarbons; buta-1.3-diene and isoprene

24141190

Unsaturated acyclic hydrocarbons (excluding ethylene, propene-butene, buta-1.3-diene and isoprene)

24/20141223

Benzene

2414

Aromatics

0,030

tCO2/t product

CO2 weighted tonne

Mix of aromatics expressed as CO2 weighted tonne (CWT)

All processes directly or indirectly linked to aromatics sub-units:

| — | pygas hydrotreater |
| --- | --- |

—

pygas hydrotreater

| — | benzene/toluene/xylene (BTX) extraction |
| --- | --- |

—

benzene/toluene/xylene (BTX) extraction

| — | TDP |
| --- | --- |

—

TDP

| — | HDA |
| --- | --- |

—

HDA

| — | xylene isomerisation |
| --- | --- |

—

xylene isomerisation

| — | p-xylene units |
| --- | --- |

—

p-xylene units

| — | cumene production and |
| --- | --- |

—

cumene production and

| — | cyclo-hexane production are included. |
| --- | --- |

—

cyclo-hexane production are included.

Several prodcom-codes under NACE 2414. See guidance document 9 for the direct emissions for the full list.

2414

Black carbon

1,954

tCO2/t product

Tonne of furnace carbon black (saleable unit, > 96 %)

Furnace carbon black. Gas and lampblack products are not covered by this benchmark.

All processes directly or indirectly linked to the production of furnace carbon black as well as finishing, packaging and flaring are included.

24131130

Carbon (carbon blacks and other forms of carbon, n.e.c.)

2414

Styrene

0,527

tCO2/t product

Tonne of styrene (saleable product)

Styrene monomer (vinyl benzene, CAS number: 100-42-5)

All processes directly or indirectly linked to the production of:

| — | styrene as well as |
| --- | --- |

—

styrene as well as

| — | the intermediate product ethylbenzene (with the amount used as feed for the styrene production) are included. |
| --- | --- |

—

the intermediate product ethylbenzene (with the amount used as feed for the styrene production) are included.

24141250

Styrene

2414

Ethylene oxide/ethylene glycols EO/EG

0,512

tCO2/t product

Tonne of EO-equivalents (EOE), defined as the amount of EO (in mass) that is embedded in one mass unit of any of the specific glycols.

The ethylene oxide/ethylene glycol benchmark covers the products:

| — | ethylene oxide (EO, high purity) |
| --- | --- |

—

ethylene oxide (EO, high purity)

| — | monoethylene glycol (MEG, standard grade + fiber grade (high purity)) |
| --- | --- |

—

monoethylene glycol (MEG, standard grade + fiber grade (high purity))

| — | diethylene glycol (DEG) |
| --- | --- |

—

diethylene glycol (DEG)

| — | triethylene glycol (TEG) |
| --- | --- |

—

triethylene glycol (TEG)

The total amount of products is expressed in terms of EO-equivalents (EOE), which are defined as the amount of EO (in mass) that is embedded in one mass unit of the specific glycol.

All processes directly or indirectly linked to the process units EO production, EO purification and glycol section are included.

24146373

Oxirane (ethylene oxide)

24142310

Ethylene glycol (ethanediol)

24146333

2,2-Oxydiethanol (diethylene glycol; digol)

2743

Zinc electrolysis

4,000

MWh/t product

Tonne of zinc

Primary zinc

All processed directly or indirectly linked to the zinc elctrolysis unit including auxiliaries

27431230

Unwrought non-alloy zinc (excluding zinc dust, powders and flakes)

2743125

Unwrought zinc alloys (excluding zinc dust, powders and flakes)

2415

Ammonia

1,619

tCO2/t product

Tonne of ammonia produced as saleable (net) production and 100 % purity.

Ammonia (NH3), to be recorded in tons produced

All processes directly or indirectly linked to the production of the ammonia and the intermediate product hydrogen are included.

24151075

Anhydrous ammonia

Products for which inter-exchangeability of electricity and fuels was established in Annex 1(2) of Decision 2011/278/EU
   (3)

Decision 2011/278/EU in Annex I established that in respect of some production processes there is substitutability between fuel and electricity. For those products, it is not appropriate to set a benchmark on the basis of MWh/t of product. Instead, starting points are the specific greenhouse gases emission curves derived for the direct emissions. For those processes, the product benchmarks were determined on the basis of the sum of direct emissions (from energy and process emissions), as well as indirect emissions arising from the use of the inter-exchangeable part of the electricity.

In these cases, the factor ‘E’ in the formula for the calculation of the maximum aid amount as referred to in paragraph 27(a) of the Guidelines is to be replaced by the following term that converts a product benchmark as per Decision 2011/278/EU into an electricity consumption efficiency benchmark on the basis of an average European emission intensity factor of 0,465 tCO2/MWh:

Existing product BM from Annex I from Decision 2011/278/EU (in tCO2/t) × share of relevant indirect emissions (4) overthe baseline period (%)/0,465 (tCO2/MWh).

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(1)  For products shaded in light grey, interchangeability between electricity and fuels was established and the benchmark is provided in terms of tCO2.

1

2

(2)  Production units, definitions and processes covered, which are shaded in dark grey, are based on Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC.

2

(3)  Commission Decision of 27 April 2011 on determining transitional Union-wide rules for harmonised free allocation pursuant to Article 10a of Directive 2003/87/EC, C(2011) 2772 final (OJ L 130, 17.5.2011, p. 1).

3

(4)  “Share of relevant indirect emissions over the baseline period” means the quotient of

4

| — | the relevant indirect emissions and |
| --- | --- |

—

the relevant indirect emissions and

| — | the sum of total direct emissions and relevant indirect emissions |
| --- | --- |

—

the sum of total direct emissions and relevant indirect emissions

as per Article 14 of Decision 2011/278/EU.’

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